盗窃后处赃行为研究刑事诉讼法专业论文.docxVIP

Abs Abstract PAGE PAGE 3 4 4 Stealing is always a common multiple crime, its essential characteristics of a conditional crime decides the actor may also do further sanctions after the completion of the theft which is called “behavior of dealing with stolen things after the theft”. Correctly judging the behavior of dealing with stolen things after the theft directly relates to the actors conviction. However, although the case of the behavior in judicial practice are more and more, some behaviors? qualitative legislations have been made, the basic theory also has been reached, but there are still many disputes about some behaviors? qualitative, even “nobody mentioned”, which lets the judges in some trial case do not know how to do, which is not good to the judicial referee. Theory is based on practice, so that problems in practice being attention and deeply researched is not only beneficial to fill the theory blank, but also more advantageous to the guidance of the judicial practice and realize judicial justice. Therefore, to really solve these behavior qualitative problems, it is necessary to give the behavior of dealing with stolen things after the theft specific research and discussion. This paper contains following four parts: The first part, present the drawings of the behavior of dealing with stolen things after the theft. First of all, using two cases as a representative to carry on the practice drawings, reflecting the judge?s hesitation in our country?s present judicial practice when dealing with the case of the behavior of dealing with stolen things after the theft, which brings disadvantages to the judging efficiency and judicial just; secondly, present the current legislation and judicial interpretation, which reflects our current authority regulation not only is poor and single, but also are more or less confusing and not easy to understand, which is not advantageous to guide the judicial trial; finally, present the theory about the behavior of dealing